Did you know that annually, a significant number of pregnant women face discrimination at work? Research conducted by Childbirth Connection, an initiative focused on improving maternity care, estimated that approximately 250,000 pregnant workers are denied requests for accommodations each year. Other types of pregnancy discrimination include facing unfair treatment or even losing their jobs due to their pregnancy.
When you’re expecting, you may wonder if you can get fired for being pregnant or whether or not your employer can make changes while you’re pregnant. The law provides certain protections for pregnant women, but the situation can be complicated at times.
Let’s look into the legal system to guarantee that your rights are protected when you are pregnant.
Pregnancy Discrimination Act Overview
If you’re pregnant, the Pregnancy Discrimination Act provides protections against workplace discrimination based on your pregnancy. This federal law makes it illegal for employers to treat pregnant employees unfairly in any part of their job, such as hiring, firing, pay, job assignments, promotions, layoffs, training, benefits, and any other employment conditions.
This law makes it illegal for your employer to let you go just because you are pregnant.
The Pregnancy Discrimination Act mandates that employers must treat pregnant employees just like other employees who have similar work capabilities or limitations. If you are unable to do your job for a while because of pregnancy, your employer should treat you just like any other employee who is temporarily disabled.
This could involve offering accommodations like light duty or adjusted tasks, as long as other employees with similar limitations are also supported.
Understanding Family and Medical Leave Act
Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid leave for certain family and medical situations. These reasons include having and taking care of a newborn, placing a child for adoption or foster care, looking after a close family member with a serious health issue, or managing the employee’s own serious health condition.
While an employee is on FMLA leave, employers are required to keep their health benefits active and ensure that they can return to their job afterwards.
Remember, to be eligible, an employee must have worked for their employer for at least 12 months, accumulated 1,250 hours of service in the past 12 months, and work at a location where the company employs 50 or more employees within a 75-mile radius.
State-Specific Protections For Pregnant Employees
State laws provide additional protections for pregnant employees in the workplace, supplementing federal regulations like the FMLA. It’s important to be aware of the specific laws applied within your state so you can better protect your rights and to use this information to alleviate your worries. That way, you can focus on the welfare of your child and your well-being.
Different states have their own specific protections, but many have laws that require employers to offer reasonable accommodations for employees who are pregnant.
For instance, the state of Massachusetts is implementing the Massachusetts Pregnant Workers Fairness Act (MPWFA), which mandates the employers to provide reasonable accommodations; this may include modified work duties, more frequent breaks, or adjustments to work schedules.
The state of New York offers job protection during pregnancy and maternity leave, ensuring that pregnant employees can take time off to give birth and bond with their newborns without fear of losing their jobs.
Steps to Take if Facing Unfair Treatment
If you’re facing unfair treatment at work, it’s important to document everything that happens and collect any evidence that can help your situation. Make sure to keep a thorough record of the dates, times, people involved, and details of the incident. This documentation will be important if you need to take any next steps.
Consider addressing your concerns directly with your employer or HR department. Sometimes, we can clear up misunderstandings by talking openly with each other. If the problem continues, you might want to consider taking it up a notch by filing a formal complaint with HR or higher management, and if the issues don’t get resolved, it might be time to seek help with the authorities.
Familiarize yourself with your company’s policies and procedures regarding discrimination and unfair treatment. Knowing your rights and the steps in your employee handbook can really help you deal with the situation better.
Resources for Legal Support
If you need legal help, think about reaching out to organizations that focus on employment law or discrimination. These organizations usually provide consultations to assess your situation and suggest the best way forward. If you need help understanding your rights and possible legal options, you can reach out to government agencies like the Equal Employment Opportunity Commission (EEOC) or the Department of Labor.
Another helpful option is to find a lawyer who has experience with employment discrimination cases. A lawyer can assist you with legal matters, represent you during negotiations or hearings, and safeguard your rights throughout the legal process.
Conclusion
It is really important to understand the protections to pregnant women being offered by laws like the Pregnancy Discrimination Act and the Family and Medical Leave Act. These laws help make sure that you are treated fairly and can take the leave you need without worrying about losing your job.
If you have experienced discrimination for being pregnant, reach out to an employment lawyer who can offer the support and guidance you need to protect your rights.